Basic Immigrant Rights and Duties in the U.S.

 Posted on May 06, 2014 in Immigration

Each year, immigrants come to the United States to visit, to study, and to work. Foreign travelers and students are often welcomed by host countries and their citizens, and they spend money to get there and to remain. Often, tens of thousands of dollars are spent if they are pursuing advanced degrees.

Even undocumented aliens, who may avoid paying their fair share of taxes to the Internal Revenue Service (IRS), still contribute to American society by working and spending money. Some contend that undocumented workers are a drain on society, though it is these immigrants, with little support and knowledge of U.S. law, who are often the ones being taken advantage of. The plight in many of these immigrant stories is captured in the recent film about the life of Latino human rights leader, Cesar Chavez.

Thanks in part to activists like Chavez, immigrants living in the United States often have similar rights as U.S. born citizens, regardless of their visa status or alien classification. These rights do carry with them duties to the United States’ government as well, however. Though there are far too many to list in a brief posting, it is helpful for immigrants in this country to understand a number of their basic legal rights and duties.

Temporary Allegiance

While legal immigrants are allowed to stay living in the United States without getting full citizenship, they must comply with two general rules. First, they must maintain legal status or have their visas renewed before they expire. Second, they must give temporary allegiance to the U.S. government as long as they reside within its states.

Allegiance means that immigrants must:

• obey all U.S. laws while within the U.S.;

• pay state and federal taxes;

• join the draft lottery system in wartime;

• consent to the legal jurisdiction of U.S. courts if they are accused of any violation of commercial laws; and

• submit to the subpoena power of the courts.

Immigrant Rights

Because immigrants must obey laws and may be forced to defend lawsuits and cooperate in investigations, they are also afforded a number of the same rights as U.S. citizens.

Under the color of United States law, immigrants:

• may sue others for violations against them that occurred in the United States;

• may work in any U.S. state (they may not be discriminated against because they are not local citizens – an employer who tells you they cannot hire you because you are not a U.S. citizen may be breaking the law);

• must be paid minimum wage or higher (it is illegal for employers to pay less than minimum wage); and

• must be not be subjected to unreasonable searches and seizures by police.

Contact an Illinois Immigration Attorney

If you have questions regarding immigrant rights and responsibilities in the Unites States or in Illinois in particular, contact the immigration lawyers at Mevorah & Giglio Law Offices. We can help you in any matter involving immigration law.